M/s. Tapasya Crop Care Private Limited Vs The… — Writ and Judicial Review | Telangana HC (2025)

M/s. Tapasya Crop Care Private Limited Vs The… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the common order dated 07.07.2021 in W.P.No.48 of 2021 and batch: liberty to the petitioner to make applications in compliance with Clause 5 of Government of India Order No. S.O.882(E) dated 23.03.2021 within two weeks, with provisional Certificate of Registration in Form G-3 to be issued within four weeks if the competent authority is satisfied; permission to continue manufacture and distribution until that exercise is completed; no order as to costs; pending miscellaneous applications, if any, stand closed. No monetary relief awarded.

Issue for consideration

Whether the action of respondent No.2 in interfering with the manufacture, sale and distribution of the petitioner's bio-products/bio-stimulants (containing Anti Transpirants, pressmud, chitine and egg shell), allegedly not covered under the Insecticides Act, 1968 and not included in Schedule VI of the Fertilizers Control (Order) Act, 1985, by issuing Memo No. PP.II(1)2085/2005 dated 21.01.2006 and Letter No. PP.II(1)2085/2005 dated 21.01.2006, is illegal, arbitrary and unconstitutional, and whether respondent No.2 should be restrained from interfering with their sale and distribution.

Court's answer

The writ petition is disposed of in terms of the prior orders, i.e., the common order dated 07.07.2021 in W.P.No.48 of 2021 and batch (rendered in line with the common order dated 10.07.2015 in W.P.No.25293 of 2014 and batch as modified by the Division Bench in W.A.Nos.1122 and 1136 of 2016), and for the reasons mentioned therein.

Ratio / Principle

Applying the operative directions of the common order dated 07.07.2021 in W.P.No.48 of 2021 and batch, the petitioner has liberty to make applications in compliance with Clause 5 of the Government of India Order No. S.O.882(E) dated 23.03.2021 within two weeks, and if such applications are made, the competent authority shall process the same and, if satisfied, issue a provisional Certificate of Registration in Form G-3 within four weeks thereafter.

Key takeaways

Per the adopted directions, the competent authority is entitled to collect samples and test the compatibility of the products with the parameters to be marketed as bio-nutrients before granting provisional registration, and the petitioners shall co-operate in drawing samples; until that exercise is completed, subject to submitting applications in compliance with Clause 5, the petitioners are entitled to manufacture and distribute as contemplated by Clause 4 of the Government of India order, and it remains open to the competent authority to verify statutory compliance and take action as warranted by law.ratio¶35

Detailed headnote1 paragraphs

High Court for the State of Telangana (T. Madhavi Devi, J., 04.07.2025) disposed of W.P.No.19009 of 2025 filed by M/s. Tapasya Crop Care Pvt. Ltd. challenging interference by the Commissioner and Director of Agriculture, Telangana (pursuant to Memo and Letter No. PP.II(1)2085/2005 dated 21.01.2006) with the manufacture, sale and distribution of its bio-products/bio-stimulants, on the ground that they contain Anti Transpirants, pressmud, chitine and egg shell, are not covered under the Insecticides Act, 1968 and are not included in Schedule VI of the Fertilizers Control (Order) Act, 1985. Finding the subject matter covered by the common order dated 07.07.2021 in W.P.No.48 of 2021 and batch (in turn resting on the common order dated 10.07.2015 in W.P.No.25293 of 2014 and batch, as modified by the Division Bench in W.A.Nos.1122 and 1136 of 2016 dated 03.11.2016), the Court disposed of the petition in terms of those orders: the petitioner was granted liberty to apply in compliance with Clause 5 of Government of India Order No. S.O.882(E) dated 23.03.2021 within two weeks; upon satisfaction, the competent authority is to issue a provisional Certificate of Registration in Form G-3 within four weeks, after permissible sampling and testing of bio-nutrient parameters; until completion of the exercise, manufacture and distribution are permitted per Clause 4, subject to the authority's power to verify statutory compliance and act as warranted by law. No order as to costs; pending miscellaneous applications closed.